Herrell's bill prohibits banning dog breeds

SANTA FE -- Cities and counties that want to target certain dog breeds would be prohibited from passing local restrictions under a bill proposed by a southern New Mexico lawmaker.

Rep. Yvette Herrell, R-Alamogordo, says she is a dog lover, which is why she teamed up with other animal advocates to pursue the legislation.

Herrell said she's troubled when policymakers react to reports of dog attacks by labeling the breed of dog involved as "dangerous," and most of the time that label gets applied to one a category of dogs known colloquially as pit bulls.

"Pit bull is the breed that comes to mind when people talk about dangerous breeds or dog attacks, but I have seen my share of Chihuahuas that, in my mind, are dangerous dogs. They are small in stature, but mentally they think they are huge," Herrell said in a phone interview. "I don't think it's fair to pin the blame on one breed because they seem to get in the papers and on the news more than others."

Whether "pit bull" is even a recognized dog breed is a hotly debated topic. The American Kennel Club, for example, says there are two kinds of bull terrier -- Staffordshires and Americans -- but it doesn't use the word "pit" to describe them anymore. Mixed-breed dogs and even full-blooded mastiffs and boxers also are frequently, and erroneously, described as pit bulls.

Herrell said she is unsure whether there will be opposition to the proposed state law change. During a recent legislative session, Sen.

The law's passage would be a relief to responsible dog owners who worry that their pets might be targeted by local officials, she said. Recent dog attacks near her home, for example, have been from a German shepherd and a golden retriever.

The New Mexico Municipal League hasn't issued an opinion about the proposal yet, said communications coordinator Roger Makin, but the organization generally frowns on limits to local jurisdiction.

"We are always in favor of local control in almost everything we face," Makin said. "We don't believe municipalities should be told what to do."

Santa Fe has experienced several brutal dog attacks in the last year, including one incident in which a family dog apparently killed a 74-year-old man.

In November, two dogs running at large attacked and killed a smaller dog and injured the dog's owner. In both instances, the attackers were described as pit bulls. In both cases, news reports prompted some residents to call for a ban on the breed, like the ban adopted by the city of Denver in 1989. Miami and Cincinnati have similar laws.

The dog that killed 74-year-old Clifford Wright was euthanized after his son, the dog's owner, gave permission to authorities to take that step. In the other case, the owner of the two attacking dogs, Gerard Matthews, is fighting officials who say his dogs should be put down.

Melissa Roberts, who has organized a group called Ban Breed-Specific Legislation in New Mexico, said she applauds Herrell's willingness to take up the cause.

"We need to get out of the reactive, knee-jerk mode," she said. "Breed-specific legislation doesn't address the issue of dog bites, and it prevents the real conversation from happening."

Julie Ann Grimm is a reporter for the Santa Fe New Mexican. Contact her at (505) 986-3017 or jgrimm@sfnewmexican.com. Follow her on Twitter @Julieanngrimm

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